The attached ordinance amends Chapter 58 of the Land Development Code (LDC) and Chapter 66 – Definitions to bring the City’s existing Wireless Communication Facilities in the Right-of-Way regulations into compliance with recently adopted Florida Statutes.

These proposed amendments are needed in order to bring the City’s existing regulations for Wireless Communication Facilities in the Right-of-Way into compliance with similar Florida Statutes that went into effect in July of 2017. An amendment is also being proposed for Chapter 23 – Communications Right-of-Way Utilization.

The Municipal Planning Board (MPB) recommended approval of the proposed amendments on April 17, 2018. (As Chapter 23 is outside of the LDC, it was not reviewed by the MPB).

As required by Section 337.401(c)(3)(d), Florida Statutes, "in addition to any other notice requirements, a municipality must provide to the Secretary of State, at least 10 days prior to consideration on first reading, notice of a proposed ordinance governing a telecommunications company placing or maintaining telecommunications facilities in its roads or rights-of-way..."  Staff has placed such notice in conformance with said statute.